Mergers and acquisitions (M&A) can be tricky transactions, a delicate dance between buyer and seller that must be choreographed in minute detail. This requires contemplation of a multitude of issues at the outset, many of which must be addressed as early as the letter of intent stage. Below are some of the top issues that should be decided upon as early as possible in the M&A process, as doing so is paramount to a successful transaction. More >

We’ve been speaking in recent posts about the merger review process, as well as a recent proposal to streamline that process. As these posts have made clear—at least in the context of dealing with federal regulators—mergers and acquisitions require a lot of planning, a lot of coordination, and a lot of work. More >

In our previous post, we began speaking about how companies can make the merger review process more efficient for themselves. As we noted, one important way to do this is by getting in contact with the Federal Trade Commission early on in the process and maintaining good communications along the way so that the agency is able to evaluate data as efficiently as possible. More >

We’ve been speaking in a recent series of posts about the merger review process and some general ways to make it more efficient so that less time and resources are wasted. As we noted last time, one of the features of the review process is that either the Department of Justice or the Federal Trade Commission can handle a review. More >

One of the hurdles business must deal with in moving forward with a merger agreement is the merger review process. We have previously spoken about this process and some of the difficulties businesses can face in complying with the requests of the investigating agency. One of the issues we have not discussed is the burden of complying with data requests in general. More >

In the health care industry, saying competitive and operating efficiently is important for survival, and businesses in this industry need to continually seek to consolidate resources to ensure they are operating in as streamlined a fashion as possible. One of the tools that is sometimes used in this effort is mergers and acquisitions. When companies combine resources and markets in a well-planned merger, they can help to ensure greater success. More >

The Financial Accounting Standards Board ("FASB") recently issued both a proposed Accounting Standards Update ("ASU") and a proposed concepts statement that address the issue of materiality in financial reporting. These proposals are part of FASB's disclosure framework project, a systematic effort to create a framework for financial statement disclosures to make them more effective. FASB's latest proposals clarify the definition of materiality and move it from the accounting realm into the legal one. More >

In our last post, we began speaking about the merger review process and the potential challenges that can come up for companies. One particularly aspect of the review process that can be a sticking point is the period after the preliminary review of a premerger filing, when the reviewing agency (either the Federal Trade Commission or the Department of Justice, as the case may be) could either terminate the waiting period early, allow it to expire on its own, or make a Request For Additional Information. More >

When two companies propose a merger, there are a lot of things that need to fall into place to make the deal successful. Aside from the business, financial and logistical aspects of the merger, there are various legal issues that must be addressed. This includes submitting the merger to the scrutiny of federal regulators. More >

In early August, the Federal Trade Commission ("FTC") released guidance on best practices for merger investigations. This is the first major update for such guidance since 2006 and the publication of "Reforms to the Merger Review Process." The new guidance addresses mechanisms by which merging entities can smoothly effectuate an FTC merger investigation in three key areas: Early Voluntary Submission of Information, Effective Use of Withdraw and Refile, and Negotiating the Second Request. More >